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LC 909

Revise laws to limit or eliminate local cooperation with Forest Service agents attempting to enforce gated land rules

2025 Regular Session

Montana bill restricts local law enforcement cooperation with federal Forest Service enforcement of gated National Forest land access rules.

(LC) Draft Died in Process
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Bill Summary · LC 909

Legislative bill overview

LC 909 would modify Montana state law to restrict or prevent local law enforcement and county officials from cooperating with U.S. Forest Service agents who enforce regulations regarding gated access on National Forest land. The bill appears designed to limit federal authority over land access on public forests within Montana's borders.

Why is this important

This bill addresses a jurisdictional conflict between state/local authorities and federal land management. It could significantly affect how National Forests are managed and accessed in Montana, potentially creating enforcement gaps for federal regulations on public land. The outcome would influence property access rights, recreational access, and federal-local law enforcement cooperation.

Potential points of contention

  • Federal preemption concerns: Federal courts have consistently upheld exclusive federal jurisdiction over National Forest lands; state laws limiting enforcement cooperation may violate the Supremacy Clause and conflict with federal authority
  • Access equity issues: Restrictions on gating enforcement could either expand public access to gated roads or entrench private control over paths across federal land, depending on implementation
  • Law enforcement cooperation: May strain relationships between local sheriffs and federal agencies, potentially creating practical enforcement vacuums where violations go unprosecuted

Compiled from official sources — confirm details with the bill’s official record.

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